Pankaj Das vs The State Of Assam And 4 Ors
2021 Latest Caselaw 356 Gua

                                                                  Page No.# 1/3

GAHC010019982015




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5115/2015

         PANKAJ DAS
         S/O LT. KHARGESWAR DAS, R/O NAHIRA, P.O. NAHIRA, DIST- KAMRUP,
         ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
         FOREST DEPTT., DISPUR, GHY-6

         2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
         ASSAM
          REHABARI
          GHY-8

         3:THE DIVISIONAL FOREST OFFICER
          KAMRUP WEST DIVISION
          BAMUNIGAON
          P.O. and DIST- KAMRUP RURAL
         ASSAM

         4:THE DISTRICT LEVEL COMMITTEE
          FOR APPOINTMENT ON COMPASSIONATE GROUND
          REP. BY THE DY. COMMISSONER
          KAMRUP RURAL
         AS CHAIRMAN

         5:THE STATE LEVEL COMMITTEE
          FOR APPOINTMENT ON COMPASSIONATE GROUND REPRESENTED BY
         THE CHIEF SECRETARY
          GOVERNTMENT OF ASSAM
          DISPUR
                                                                                   Page No.# 2/3

              GUWAHATI-6

Advocate for the Petitioner     : DR.B AHMED

Advocate for the Respondent : MR. N GOSWAMI (R-5)




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 03-02-2021

(1) Heard Mr. A.K. Azad, learned counsel for the petitioner. Also heard Mr. K.P. Pathak, learned Standing Counsel for the Forest Department.

(2) The petitioner's case in brief is that the petitioner's father died on 11.09.2005 while working as Forest Guard in the Forest Department, Government of Assam under the Office of the Divisional Forest Officer, Kamrup West Division, Bamunigaon. The petitioner was apparently a minor at the time of death of his father and no application was submitted by the petitioner's mother for compassionate appointment. However, on attaining the age of majority, the petitioner had filed an application for compassionate appointment on 05.03.2010, i.e., after approximately 5(five) years after the death of his father. Petitioner's case is that the District Level Committee (in short, DLC) and the State Level Committee (in short, SLC), who are to consider the case of the petitioner, have not considered the petitioner's application till date.

(3) Mr. K.P. Pathak, learned Standing Counsel, Forest Department submits that the petitioner's case for compassionate appointment was never placed before the SLC for consideration, inasmuch as, the petitioner's application was beyond the time limit prescribed for filing an application for compassionate appointment. He also submits that the rights of a minor cannot reserved till he attains the age of majority and in this respect he relies on a Judgment of the Apex Court in the case of State of Manipur Vs. Md. Rajaodin , reported in (2003) 7 SCC 511.

Mr. K.P. Pathak also submits that the compassionate appointment applications relating Page No.# 3/3

to the Forest Department are considered by the SLC and not by the DLC.

(4) As the authority to decide whether an application for compassionate appointment should be recommended or not, is either the concerned DLC or the SLC as constituted by the State Government, this Court is of the view that the petitioner's application should be placed before the concerned DLC/ SLC, who shall thereafter take a decision on the same.

(5) Accordingly, in view of the reasons stated above, the State respondents are directed to place the petitioner's application for compassionate appointment before the appropriate DLC/ SLC, who shall consider the same in it's next meeting.

(6)    This writ petition is accordingly disposed of.




                                                                    JUDGE



Comparing Assistant